Medical Malpractice Attorneys
Medical professionals must adhere to a certain standard of care for their patients. If a healthcare professional is not able to meet the standard of care, and this negligence causes injuries or complications for the patient, it could be grounds for a claim for negligence.
A successful malpractice lawsuit can assist in paying medical costs and also reimburse lost wages and acknowledge discomfort and pain. However, medical malpractice lawsuits are often complicated.
Undiagnosed
Misdiagnosis is one of the most frequently filed medical malpractice claims. This type of claim typically involves a medical professional mistakenly diagnosing a patient who has an illness or injury. A physician might identify a patient as having pneumonia, when in reality the patient is suffering from staph. A misdiagnosis can have grave consequences for the patient, including death.
According to medical malpractice insurance companies, diagnosis-related claims comprise between 9 percent and 91 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. However the data on medical malpractice claims is limited and may be biased toward more severe mistakes. Most claims are shut down or not paid and a lot of good mistakes are not likely to result in a malpractice suit.
To succeed in bringing a medical malpractice claim, the plaintiff must prove that the doctor acted in violation of the standard of care when diagnosing the condition. The lawyer representing the plaintiff must prove that the doctor's error directly led to an injury.
The litigation process in a medical malpractice case can be costly as well as time-consuming and emotionally charged. Even though the majority of medical malpractice cases are settled outside of court lawyers and expert witnesses are required to invest time and money on negotiations, discovery and trial preparation. In addition, physicians are often forced to pay the malpractice insurance premiums while the claims process is in progress. These expenses have led to calls for reforms to tort law which could reduce the cost of litigation and help to encourage more timely and fair settlements.
Errors in Treatment
You can expect that when go to a doctor or a hospital to receive treatment, the medical treatment you receive will be in accordance to the standard of care in your area. This includes a proper diagnosis and a sensible treatment plan and proper follow-up to ensure that your health improves. However, mistakes by nurses, doctors and other medical personnel can be extremely serious and result in permanent injuries or even death.
These errors can take on a variety of forms. A hospital staff member may miss-read the chart of a patient and give the wrong medication. This type of error usually occurs in emergency rooms, where staff members are under pressure and time is short. staff members are pressured to provide quick service. This could also happen when a doctor treats a condition which is outside their expertise.
Other types of errors comprise prescribing incorrect medications or giving patients the wrong dosage that results in injury. These mistakes can be committed by doctors, nurse practitioners as well as pharmacists, physician assistants and optometrists. These errors may also include the failure to suggest or prescribe the appropriate follow-up treatment to correct the error.
A mistake in the dosage of a medication can result in many serious injuries. For instance, consuming an unapproved blood thinner that's specifically designed for patients with heart problems could lead to a dangerous bleeding disorder or cause a patient to suffer stroke. If you have suffered an injury or lost a loved one to a medical mistake it is essential to consult a knowledgeable New York medical malpractice lawyer to determine if you are able to pursue compensation.
Negligence
Negligence could be the result of medical professionals not following accepted standards. This can occur in a variety of settings, like hospitals, doctor's office, therapy clinics and nursing homes. If a doctor violates these standards and a patient suffers permanent harm it could be a requirement to compensate for the harm.
In order to prevail in a claim for malpractice the plaintiff has to prove that the physician's breach in professional obligations caused his or her injuries. Causation is a legal requirement that is crucial. The breach must be a direct cause of the injury, and the damages must be quantifiable.
In the event of medical malpractice the lawyer representing the plaintiff must also convince the jury that it is more likely than not that a physician's actions or inactions led to the damages sought. This can be difficult because people's memory isn't always crystal clear or are affected by the arguments of the other side.
It is also essential that the lawyer has a strong knowledge of the medical profession and how it functions. This knowledge can be used to show that the breach in professional duty led to the patient's injury. Medical malpractice cases are filed in state or federal courts and often have expert witnesses who describe how the standard of care was breached.
Punitive Damages
We believe that medical professionals will provide us with the best care and professionalism. Errors can cause serious injuries or even death. If these mistakes result in an unjust death, the family members of the victims could be entitled to compensation for the injuries they've suffered.
In cases of wrongful death hospitals, doctors and nurses as well as pharmacists, physical therapists and doctors and diagnostic imaging technicians and manufacturers of medical equipment, could be sued. It's important to sue all parties involved, as many parties could be responsible. Victims should consult their New York medical negligence lawyers to determine who or which
firms are accountable.
Punitive damages seek to penalize the defendant for their conduct and discourage them from repeating the same behavior in the future. As opposed to compensatory damages that are designed to target specific damages however, punitive damages can be applied to an entire group of people, and they are typically reserved for those who have committed serious misconduct.
The first type of damages in the
medical malpractice lawsuit is the reimbursement for actual financial losses, including the cost of medical treatment and lost wages. Your New York medical negligence lawyer can help you determine the amount of your losses by providing expert testimony on what constitutes a violation of the standard of care in the case's location and specialization. This is an important step since without this evidence, your claim may be denied at the preliminary hearing level.